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Clayton Osbourne - Operational Risk Management Specialist 1
THE ROLE OF OCCUPATIONAL HEALTH & SAFETY
HOW DOES HOW DOES OCCUPATIONAL HEALTH OCCUPATIONAL HEALTH & SAFETY (OSH) IMPACT & SAFETY (OSH) IMPACT
OUR SOCIETIES & OUR SOCIETIES & BUSINESSES.BUSINESSES.
A look at the new OSH LawA look at the new OSH LawPresented By: Clayton Osbourne
Operational Risk Management Specialist
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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK
Only two things are certain in LifeOnly two things are certain in Life
Clayton Osbourne - Operational Risk Management Specialist
Death and ChangeDeath and Change
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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK
If birth is the beginning and death is the endIf birth is the beginning and death is the end
Clayton Osbourne - Operational Risk Management Specialist
Then change is what occurs Then change is what occurs between birth & death between birth & death
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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK
Clayton Osbourne - Operational Risk Management Specialist
Hence life = change. Hence life = change.
Hence change is constant Hence change is constant
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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK
There is always risk when we have changeThere is always risk when we have change
Clayton Osbourne - Operational Risk Management Specialist
The greater the change the greater the risk. The greater the change the greater the risk.
And change is constant so risk is constant. And change is constant so risk is constant.
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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK
But change fosters development!But change fosters development!
Clayton Osbourne - Operational Risk Management Specialist
The more rapid the change -The more rapid the change -the faster the developmentthe faster the development
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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK
Change that is unregulated leads to chaosChange that is unregulated leads to chaos
Clayton Osbourne - Operational Risk Management Specialist
But over regulation stifles growthBut over regulation stifles growth
So what do we do?So what do we do?
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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK
We manage risks and therefore change.We manage risks and therefore change.
Clayton Osbourne - Operational Risk Management Specialist
How? How?
Risk Risk ManagementManagement
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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK
Risk ManagementRisk Management
Clayton Osbourne - Operational Risk Management Specialist
Operational risk Operational risk managementmanagement
Financial risk Financial risk managementmanagement
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LIFE & THE MANAGEMENT OF RISKLIFE & THE MANAGEMENT OF RISK
Operational Risk ManagementOperational Risk Management
Clayton Osbourne - Operational Risk Management Specialist
Health & SafetyHealth & Safety
Environmental managementEnvironmental management
Quality / Process AssuranceQuality / Process Assurance
Innovation / Creative ManagementInnovation / Creative Management
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WHY OCCUPATIONAL SAFETY AND HEALTH ?WHY OCCUPATIONAL SAFETY AND HEALTH ?
It is intrinsic to us and is common sense .It is intrinsic to us and is common sense .
Clayton Osbourne - Operational Risk Management Specialist
Promotes change of mindsets and attitudes.Promotes change of mindsets and attitudes.
Creates organized and disciplined mindsCreates organized and disciplined minds
Creates risk aware and control culture.Creates risk aware and control culture.
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Under the common law the primary duty of employers is to protect all workers from occupational accidents and illnesses.
WHY OCCUPATIONAL SAFETY AND HEALTH ?WHY OCCUPATIONAL SAFETY AND HEALTH ?
1.1. It is our duty under the lawIt is our duty under the law
Clayton Osbourne - Operational Risk Management Specialist
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The Occupational Safety and Health Act is a piece of legislation set up for the protection of workers in the working environment
WHY OCCUPATIONAL SAFETY AND HEALTH ?WHY OCCUPATIONAL SAFETY AND HEALTH ?
2.2. Duty under Legislation Duty under Legislation
Clayton Osbourne - Operational Risk Management Specialist
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Management has a responsibility on par with other managerial tasks such as setting production targets, ensuring the quality of products or providing customer service to provide safe workplaces.
3. A Management Task 3. A Management Task
WHY OCCUPATIONAL SAFETY AND HEALTH ?WHY OCCUPATIONAL SAFETY AND HEALTH ?
Clayton Osbourne - Operational Risk Management Specialist
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TO PROVIDE A SAFE AND HEALTHY WORKING ENVIRONMENT FREE FROM ILL HEALTH AND ACCIDENTS
4. BECAUSE WE CARE4. BECAUSE WE CARE
What I do for a living shouldn’t kill meWhat I do for a living shouldn’t kill me
WHY OCCUPATIONAL SAFETY AND HEALTH?WHY OCCUPATIONAL SAFETY AND HEALTH?
Clayton Osbourne - Operational Risk Management Specialist
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occupational safety and health is now being used as a bargaining chip in international trade/labour negotiations
5. 5. International NegotiationsInternational Negotiations
WHY OCCUPATIONAL SAFETY AND HEALTH?WHY OCCUPATIONAL SAFETY AND HEALTH?
Clayton Osbourne - Operational Risk Management Specialist
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OCCUPATIONAL SAFETY AND HEALTH SYSTEMS IMPACTS POSITIVELY ON PRODUCTION AND PRODUCTIVITY
WHY OCCUPATIONAL SAFETY AND HEALTH?WHY OCCUPATIONAL SAFETY AND HEALTH?
Clayton Osbourne - Operational Risk Management Specialist
6.6. POSITIVELY IMPACTS PRODUCTIVITYPOSITIVELY IMPACTS PRODUCTIVITY
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PROTECTION OF THE WORKFORCEPROTECTION OF THE WORKFORCE
ACCID
ENT
PREV
ENTI
ON
ACCID
ENT
PREV
ENTI
ON
PRODUCTIVITY AND EFFICIENCY
PRODUCTIVITY AND EFFICIENCY
Unions/ Workers
Gov
ernm
ent
Employers
Employers
FOUNDATION OF THE OCCUPATIONAL SAFETY AND HEALTH
Clayton Osbourne - Operational Risk Management Specialist
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Low regard for safety
High regard for safety
High production inputs
low production inputs
Mediocre productivity High productivity
Mediocre productivity
The nexus between OSH practices The nexus between OSH practices and productivityand productivity
Low productivity
Clayton Osbourne - Operational Risk Management Specialist
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Health and safety standards provides make our business globally competitive
THE OSH LAW SETS STANDARDS
WHY OCCUPATIONAL SAFETY AND HEALTH?WHY OCCUPATIONAL SAFETY AND HEALTH?
Clayton Osbourne - Operational Risk Management Specialist
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APPLICATION OF OSH ACTS
OSH ACTS APPLY TO ALL BRANCHES OF ECONOMIC ACTIVITY AND TO ALL OWNERS, EMPLOYERS AND WORKERS IN ALL SUCH BRANCHES
Clayton Osbourne - Operational Risk Management Specialist
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MAIN FEATURES OF THE OSH BILL
•SAFETY AND HEALTH COMMITTEE
SAFETY AND HEALTH LEGISLATION
•JOINT RESPONSIBILITY SYSTEM
•DUTIES OF EMPLOYERS
•DUTIES OF EMPLOYEES
•RIGHTS OF WORKERS
•MINISTERIAL ORDER
•ENFORCEMENT
Clayton Osbourne - Operational Risk Management Specialist
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• Notification of accidents, dangerous occurrences and occupational illnesses.
JOSHA
Also makes general provisions for :-
•Penalties for breaches of sections of the Act and regulations
• Power of Safety inspector to issue stop orders and improvement notices
Clayton Osbourne - Operational Risk Management Specialist
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must involve everyone from the chief executive officer of the company to the shop floor sweeper
JOINT WORKPLACE RESPONSIBILITY SYSTEM
Clayton Osbourne - Operational Risk Management Specialist
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DUTIES OF OWNERS AND MANAGERS DUTIES OF OWNERS AND MANAGERS
Clayton Osbourne - Operational Risk Management Specialist
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To preserve the rights of workers to seek redress for injuries they receive while in employment, the OSH legislation imposes specific duties on owners/managers
DUTIES OF OWNERS AND MANAGERS DUTIES OF OWNERS AND MANAGERS
Clayton Osbourne - Operational Risk Management Specialist
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DUTIES OF EMPLOYERSDUTIES OF EMPLOYERS
•Take every reasonable precaution to protect the worker by providing such equipment or device that may be necessary for the protection of the worker at work
Clayton Osbourne - Operational Risk Management Specialist
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• to Inform the worker of the requirements for OSH by preparing a written occupational Safety and Health Policy and display it in a conspicuous location in the workplace
DUTIES OF EMPLOYERSDUTIES OF EMPLOYERS
Clayton Osbourne - Operational Risk Management Specialist
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• to provide special protection for pregnant women in the workplace
DUTIES OF EMPLOYERSDUTIES OF EMPLOYERS
Clayton Osbourne - Operational Risk Management Specialist
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•Ensure that the physical structure of the workplace is sound with respect to the work performed there.
DUTIES OF EMPLOYERSDUTIES OF EMPLOYERS
•Ensure that work in the workplace is carried out in an environmentally safe manner
Clayton Osbourne - Operational Risk Management Specialist
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DUTIES OF EMPLOYERSDUTIES OF EMPLOYERS
•Assist and cooperate with joint safety and health committees and representatives.
•Not employ underage workers or knowingly permit underage persons in or near the workplace
Clayton Osbourne - Operational Risk Management Specialist
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•Provide information, instruction, supervision, assistance, and training to the workers in support of the occupational safety and health programme
DUTIES OF EMPLOYERSDUTIES OF EMPLOYERS
Clayton Osbourne - Operational Risk Management Specialist
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Keep such records relating to
•The handling and storage of chemicals or other substances in use at the workplace
•The exposure of workers to chemicals and other substances at the workplace
DUTIES OF EMPLOYERSDUTIES OF EMPLOYERS
Clayton Osbourne - Operational Risk Management Specialist
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•Although the Act also prescribes duties for workers the overriding emphasis is on the duties of employers this is so because employers have control over the work environment and the duty and empowerment to manager and control the work environment in safe and healthy manner.
DUTIES OF EMPLOYEESDUTIES OF EMPLOYEES
Clayton Osbourne - Operational Risk Management Specialist
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•To act in due regard to safety health policy of the organization
DUTIES OF EMPLOYEESDUTIES OF EMPLOYEES
•Conform with the requirements of the Act and its Regulations
•Operate in a safe and healthy manner so as not to prejudice the safety and health of others or him self or cause damage to tools and materials
Clayton Osbourne - Operational Risk Management Specialist
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•Under the ACT supervisors, OSH representatives are required to be certified by the Director of OSH to be competent persons to supervise or direct safety and health programmes in the workplace
CERTIFIED OSH PRACTITIONER CERTIFIED OSH PRACTITIONER
Clayton Osbourne - Operational Risk Management Specialist
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•Legislation specific rights are not prescribed for owners however it is implicit that owners/managers can make safety and health rules and prescribe penalties for breaches at the workplace
THE RIGHTS OF MANAGEMENTTHE RIGHTS OF MANAGEMENT
Clayton Osbourne - Operational Risk Management Specialist
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•Legislation workers have been assigned rights to assist with protecting their safety and health at the work place
THE RIGHTS OF WORKERS THE RIGHTS OF WORKERS
Clayton Osbourne - Operational Risk Management Specialist
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Workers have the right to be part of the process of identifying and resolving workplace safety and health concerns.
THE RIGHTS OF WORKERS THE RIGHTS OF WORKERS
•THE RIGHT TO PARTICIPATE
Clayton Osbourne - Operational Risk Management Specialist
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Workers have the right to know about potential hazards to which they may be exposed. This means the right to be trained and to have information on machinery, equipment, working conditions, processes and hazardous chemicals.
THE RIGHTS OF WORKERS THE RIGHTS OF WORKERS
•THE RIGHT TO KNOW
Clayton Osbourne - Operational Risk Management Specialist
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THE RIGHT TO REFUSE UNSAFE WORK
THE RIGHTS OF WORKERS THE RIGHTS OF WORKERS
Workers have the right to refuse work that they believe is dangerous to either their own safety and health or that of another worker.
Clayton Osbourne - Operational Risk Management Specialist
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However there is an exact process for refusing dangerous work and the responsibilities of the employer in responding to such a refusal.
THE RIGHT TO REFUSE UNSAFE WORK
THE RIGHTS OF WORKERS THE RIGHTS OF WORKERS
Clayton Osbourne - Operational Risk Management Specialist
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Workers have the right to be free of reprisals, real or threatened, when acting in compliance with this Act or the regulations or seeking the enforcement of this Act or the regulations, for example by contacting an inspector or giving evidence in a proceeding relative to this Act or the regulation.
THE RIGHT TO BE FREE OF REPRISALS
THE RIGHTS OF WORKERS THE RIGHTS OF WORKERS
Clayton Osbourne - Operational Risk Management Specialist
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The ACT prescribes the appointment of inspectors under the act to carryout inspections and ensure compliance with the law.
OSH INSPECTORS OSH INSPECTORS
Clayton Osbourne - Operational Risk Management Specialist
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A Safety and Health Officer assigned to the Ministry of Labour may conduct workplace inspection unannounced, and, expect under special circumstances, there is no obligation to giving an employer prior notice.
OSH INSPECTORS OSH INSPECTORS
Clayton Osbourne - Operational Risk Management Specialist
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DUTIES OF INSPECTORS DUTIES OF INSPECTORS
To ensure compliance
To ensue the joint workplace system is workingTo respond to specific complaints
To provide advice and guidance
Clayton Osbourne - Operational Risk Management Specialist
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where there are violations of the Act or the regulations, the inspector will issue written orders to the employer to comply with the law within a certain period of time, or if the hazard is imminent, to comply immediately.
DUTIES OF INSPECTORS DUTIES OF INSPECTORS
Clayton Osbourne - Operational Risk Management Specialist
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The order will be to either prohibit or restrict the presence, use or intended use of a hazardous chemical, physical agent or biological agent in the workplace
INSPECTORS ORDER INSPECTORS ORDER
Clayton Osbourne - Operational Risk Management Specialist
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•A copy of the order or report must be posted in the workplace where it is most likely to be seen by the workers
INSPECTORS ORDER INSPECTORS ORDER
Clayton Osbourne - Operational Risk Management Specialist
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The inspector is authorized to enter, at reasonable times, any site, location, or facility where work is taking place for the purpose of investigation or inspection
DUTIES OF INSPECTORS DUTIES OF INSPECTORS
Clayton Osbourne - Operational Risk Management Specialist
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the Director of OSH may direct that where special test and examination of the workplace is required that it may be done at the owner/manager expenses
AUTHORITY OF THE OSH AUTHORITY OF THE OSH DIRECTORSHIPDIRECTORSHIP
Clayton Osbourne - Operational Risk Management Specialist
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Require that a workplace or parts of it not be used pending investigation, enquiry or or inspection
AUTHORITY OF THE OSH AUTHORITY OF THE OSH DIRECTORSHIPDIRECTORSHIP
Clayton Osbourne - Operational Risk Management Specialist
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Require any equipment, machinery or device be put out of use pending the carrying out of test and examination by technical examiners.
AUTHORITY OF THE OSH AUTHORITY OF THE OSH DIRECTORSHIPDIRECTORSHIP
Clayton Osbourne - Operational Risk Management Specialist
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•Chemical inventory
•Preparation and maintenance of MSDS
•Labeling of hazardous chemicals
•Training for the safe use and handling of hazardous chemicals
HAZARDOUS CHEMICALSHAZARDOUS CHEMICALS
Clayton Osbourne - Operational Risk Management Specialist
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Any worker, manager, or owner who is aggrieved by the actions of the Director of Inspectors or an order by the inspector may appeal this grievance to the tribunal setup under the ACT.
APPEALS PROCESSAPPEALS PROCESS
Clayton Osbourne - Operational Risk Management Specialist
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OFFENCES AND PENALTIESOFFENCES AND PENALTIES
The ministry may prosecute any person and or organization for a violation of the Act or the Regulations or for failing to comply with an order of an inspector.
Clayton Osbourne - Operational Risk Management Specialist
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OFFENCES AND PENALTIESOFFENCES AND PENALTIES
Any person who interferes with or obstruct an inspector, joint committee, or safety and health representative in the execution of his/her duties is guilty of an offence.
Clayton Osbourne - Operational Risk Management Specialist
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•organizational auditsorganizational audits – is your organization ready for the new push in health and safety.
WHAT NEXT?WHAT NEXT?
Clayton Osbourne - Operational Risk Management Specialist
59
•the education, training and certification of safety professionals and workforce
WHAT NEXT?WHAT NEXT?
•The implementation of the joint workplace system in workplaces.
•The design and implementation of safety management systems
Clayton Osbourne - Operational Risk Management Specialist
Labour -Management Cooperation
Labour - Management Cooperation in Progressive organizations for safety and health programmes
60 Clayton Osbourne - Operational Risk Management Specialist
Labour - Management Cooperation
Joint OSH Committee Consists of Labour and Management
representatives Decisions to be enforced through
management Committee must be allowed time to address
OSH concerns To be given budgetary support
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Areas of Cooperation
Clayton Osbourne - Operational Risk Management Specialist
Labour - Management Cooperation
current Issues in safety and health Concerns HIV/AIDS Carcinomas Respiratory illnesses Chemical exposure EMF & CTD Safety and health in non-traditional
areas such as offices
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Areas of Cooperation
Clayton Osbourne - Operational Risk Management Specialist
Labour - Management Cooperation
Labour Codes Environmental concerns ILO Declarations
Child Labour Forced Labour
Safety laws and Legislation OSH Act and Regulations
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Areas of Cooperation
National and International Issues
Clayton Osbourne - Operational Risk Management Specialist
Labour - Management Cooperation
Inspection and Monitoring Plant or Site Inspections and
Audits Legislated requirements Professional standards Collective Agreements Hazard Monitoring Safety Standards
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Areas of Cooperation
Clayton Osbourne - Operational Risk Management Specialist
Labour - Management Cooperation
Disaster Management Accident Investigations Emergency Evacuation Procedures Hurricane and Earthquake Preparation Fire Prevention Environmental Accidents &
Management Emergency Response Mechanisms
65
Areas of Cooperation
Clayton Osbourne - Operational Risk Management Specialist
Labour - Management Cooperation
Wellness Programmes Exercise Sports Diet and Nutrition Health Education Injury Recovery and
Rehabilitation
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Areas of Cooperation
Clayton Osbourne - Operational Risk Management Specialist
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The End
Clayton Osbourne - Operational Risk Management Specialist
Email: [email protected] [email protected] Telephone: 855-0253